Silsbe v. Lucas

Citations

• 53 Ill. 479

Syllabus

<p>1. New trials—how many may he granted. The 34tli section of the practice act, which declares that, “No more than two new trials shall be granted to the same party in the same cause,” does not operate to restrain the court from granting any number of new trials upon errors of law, but only from granting to the same party more than two new trials upon the ground of the verdict being against the evidence.</p> <p>2. Measure of damases—in suit on an injunction bond. A party, whose land was sold under a decree of foreclosure of a mortgage, borrowed money to redeem from the sale. The lender advanced the money for the redemption, and took the title to the land in himself, for security, giving an obligation to reconvey upon payment of the money so advanced by him, within a stipulated time. The time having expired, he obtained a decree for the sale of the land to pay the debt, becoming himself the purchaser, and, after the expiration of fifteen months, procured a deed from the master in chancery. Upon his application for a writ of possession, the borrower filed a bill in chancery, enjoining the same, giving a bond conditioned for the payment of costs and damages, etc. The injunction being dissolved, the lender brought suit on the bond: JSdd, the only question to be considered in estimating the damages he was entitled to recover was, what damages he had sustained by being prevented from obtaining possession of the land in consequence of the suing out of the injunction, and that no sum the land was worth, above the amount advanced by him, could be set off against the damages sustained.</p>